I.03.Res.02 Sentence calculations before 30 June 2002
- The following table shows examples of how sentence dates are calculated for sentences imposed before 30 June 2002, not including remand time.
|Parole Eligibility Criteria||PED|
|Final Release Criteria||FRD|
|Life imprisonment or preventive detention imposed on or after 01/08/87||Life||15/05/00||N/A||After 10 years of that sentence||14/05/10||No FRD for indefinite sentences||N/A|
|Life imprisonment or preventive detention imposed before 01/08/87||Life||15/05/00||N/A||After 7 years of that sentence||14/05/07||No FRD for indefinite sentences||N/A|
|Where a minimum period of imprisonment has been imposed under section CJA s80 (1)||Life (minimum 10 years)||15/05/00||N/A||After the expiry of the minimum period (10 years)||14/05/10||No FRD for indefinite sentences||N/A|
|More than 12 months imprisonment, not being for a serious violent offence (CJA s2)||9 Years||15/05/00||14/05/09||After one third of that sentence||15/05/03||After two thirds of that sentence.||14/05/06|
|15 years imprisonment or more for a serious violent offence with no minimum period of imprisonment||18 Years||15/05/00||14/05/18||After 10 years of that sentence||14/05/10||After two thirds of that sentence.||14/05/12|
|Two to fifteen years imprisonment for serious violent offence (CJA s2)||6 years||15/05/00||14/05/06||No eligibility. Use FRD criteria as default.||13/05/04||After two-thirds of that sentence.||13/5/04|
|Minimum period of imprisonment of two years or more for a serious violent offence imposed under CJA s89)4)||18 Years||15/05/00||14/5/18||After the expiry of that minimum period (e.g. 10 years)||14/05/10||Three months before the expiry of the sentence, or ten years (whichever is less).||14/5/12|
|Offender subject to recall to serve the remainder of a sentence (CJA s107I)||10 Years||15/05/00||14/05/10||From the date that the NZPB makes the final recall order (say 27/2/2010)||The date that the NZPB makes the final recall order decision (say 27/2/10)||Three months before the expiry of the sentence||Say 14/2/10|
|Where an offender is subject to an order made under section 47a of the Misuse of Drugs Act.||10 Years||15/05/00||14/05/10||After the expiry of that order|
|Sentence of 12 months or less||10 months||15/05/00||14/03/01||No parole for sentences 12 months or less||NA||After one half of that sentence||14/10/00|
|Sentence of 14 days or less||14 days||15/05/00||28/05/00||No parole for sentences 14 days or less months or less||NA||After one half of that sentence||21/05/00|
Note: Subtract any pre-sentence detention to calculate the final adjusted date. See the worked example in I.03.R1.02.
I.03.R02.01 Calculating SED, PED and FRD for sentences imposed before 30 June 2002, including adjustments for pre-sentence detention
- When a prisoner is sentenced, the amount of pre-sentence detention applicable to each sentence must be calculated.
- For concurrent sentences, the longest sentence is used to calculate these dates.
- A prisoner sentenced before 30 June 2002 to 2 years or more imprisonment for any serious violent offence is not eligible for parole. In these cases, the FRD is to be used as the default PED. Serious violent offences are:
Offence Section of Crimes Act 1961 Sexual Violation Section 128 Manslaughter Section 171, 177 Attempt to Murder Section 173 Wounding with Intent to Cause Grievous Bodily Harm Section 188(1) Wounding with Intent to Injure Section 188(2) Injuring with Intent to Cause Grievous Bodily Harm Section 189(1) Injuring with Intent to Injure Section 189(2) Using a Firearm against a law enforcement officer etc Section 198A Commission of Crime with Firearm Section 198B Robbery Section 234 Aggravated Robbery Section 235
- Other prisoners, who were not sentenced for serious violent offences, might also not be entitled to parole. This occurs if:
- both the PED and FRD are two-thirds of the SED, or
- the FRD is less than the PED.
I.03.R02.02 Example: Calculating SED, PED and FRD for a single sentence imposed before 30 June 2002 including adjustments for pre-sentence detention
- The following example shows how PED, FRD and SED are calculated for a single sentence with an adjustment for pre-sentence detention time (sentence imposed before 30 June 2002 for a non-serious violent crime).
- A sentence of 6 years is imposed on 15 May 2000 for an offence that is not a serious violent offence.
- Sentence expiry date (SED) is the date on which the sentence ends, i.e. 14 May 2006.
- Sentence length (from dates-days table) is 2191 – 1 = 2190 days.
- Calculations excluding pre-sentence detention time:
- Parole eligibility date (PED) is after two-thirds of the sentence has been served.
- PED is after 2190 x 1/3 = 730 days, which is 14 May 2002.
- Final release date (FRD) is after 2190 x 2/3 = 1460 days, which is 13 May 2004.
- Calculation adjusted for pre-sentence detention time:
- Pre-sentence detention time is 180 days.
- Adjusted PED is 730–180 = 550 days, i.e. it is 15 November 2001.
- Adjusted FRD is 1460–180 = 1280 days, i.e. it is 15 November 2003.
- The example above is summarised in the following table:
Offence type Non-serious violent offence Sentence length 6 years SCD 15/05/2000 SED 14/05/2006 (2190 days) PED unadjusted 14/05/2002 (730 days) FRD unadjusted 13/05/2004 (1460 days) Pre-sentence detention time 180 days PED adjusted for pre-sentence detention time 15/11/2001 (550 days) FRD adjusted for pre-sentence detention time 15/11/2003 (1280 days)
I.03.R02.03 Calculating SED, PED and FRD for concurrent sentences imposed before 30 June 2002 including adjustments for pre-sentence detention
- Calculate the SED, PED (if there is one) and FRD for each sentence, and adjust each one for any pre-sentence detention that relates to it, following the example in I.03.R1.02.
- Use the later (or latest) PED and FRD as the prisoner’s PED and FRD.
I.03.R02.04 Calculating SED, PED and FRD for cumulative sentences imposed before 30 June 2002 including adjustments for pre-sentence detention
- When the offender is subject to 2 or more cumulative sentences that make a notional single sentence, any pre-sentence detention that relates to the cumulative sentences may be deducted only once from the notional single sentence.
- For a sentence for a serious violent crime (SVC) followed by a sentence for a non-SVC, calculate as follows:
- First sentence: calculate SED(1) and FRD(1), following the example in I.03.R1.02.
- Second sentence:
- use the day after FRD(1) for the first sentence as SCD(2)
- calculate SED(2), PED(2) and FRD(2) following the example in I.03.R1.02
- Notional single sentence:
- FRD: add the days from SCD(1) to FRD(1) to the days from SCD(2) to FRD(2.) to give total days to FRD.
- PED: add the days from SCD(1) to FRD(1) to the days from SCD(2) to PED(2) to give total days to PED.
- Adjustments for pre-sentence detention:
- Adjusted FRD and PED:
- FRD (adjusted): subtract the pre-sentence detention time (days) from the total days to FRD to give adjusted FRD.
- PED (adjusted): subtract the pre-sentence detention time (days) from the total days to PED to give adjusted PED.
I.03.R02.05 Other considerations in calculating sentencing days
- Loss / postponement of final release days (LFR) are added to final release date (FRD) only.
- Extra days are added to the parole eligibility date (PED), final release date (FRD) and the sentence expiry date (SED) if the following occur:
- days unlawfully at large
- days on bail after sentencing but pending appeal
- days at large after an application for recall is lodged (prisoner is not in custody pending the hearing of that application).
- Extra days and LFR days apply only to the sentence(s) being served when the extra days were incurred.
I.03.R02.06 Non-parole terms of imprisonment
- Prisoners who received the following orders or committals are defined as a serving a term of imprisonment; they are not eligible for parole but are subject to the same final release provisions as those serving a sentence of imprisonment:
- committal sentence or order for either:
- non payment of a sum of money
- contempt of Court
- disobedience of a Court Order.
- committal sentence or order for either: